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Most medical malpractice lawsuits occur as a result of misdiagnosis, surgical errors, prescription drug mistakes or negligent care during pregnancy or childbirth.

Studies have shown that misdiagnosis is the leading type of medical error. The most commonly misdiagnosed conditions include infections, tumors, heart attack, blood clots in the lung and heart disease. Misdiagnosis can occur because patients do not always exhibit symptoms. This does not make the consequences of misdiagnosis any less life-threatening or deadly. Failure to diagnose can waste valuable time the patient needs to heal.

Mistakes by the surgeon or anesthesiologist during the surgery are not unusual. Some of the most common surgical errors include the damaging of a nerve, failure to control bleeding and leaving a foreign object in the body (such as a sponge). Sometimes, a surgeon can even perform the wrong operation on a patient.

Anesthesia-related negligence usually has to do with giving the patient too much anesthesia, too little anesthesia, or the wrong type of anesthesia. Additionally, injury can occur if a patient under anesthesia is not moved periodically during surgery to avoid putting too much pressure on different parts of the body.

Medical malpractice relating to medication is extremely common. Medication errors can result from administering the wrong medication or from administering too much or too little medication. Medication errors can also be caused by the physician prescribing incorrect medication or the wrong amount, the pharmacy giving out the wrong medication, or the nurse or physician's assistant administering the wrong medication or the wrong amount.

There are many things that can go wrong in a pregnancy or during childbirth. Preeclampsia, premature babies and shoulder dystocia are just a few of the complications that can arise. Because pregnancy is so complex, it will require a large burden of proof to bring a medical malpractice lawsuit for these types of issues.